Order on Board

21/10/2024

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 418/2024 registered at Police Station Bhatapara (Gramin), Dist Balodabazar-Bhatapara (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act.

2. Case of the prosecution, in brief, is that on basis of secret information the present applicant is alleged of being in possession of 1.40 quarters of country made liquor, plane glass liquor bottles containing 180 ml each, 10 litres and 5 litres (total 15 litres) of spirit, one colored liquid filled in 750 ml of thumbs up bottle, 400 pieces of empty glass bottles, 100 pieces of bottle cap, 2 plastic bucket and a Honda Shine Motorcycle bearing registration No.CG/10/BE/0609, bearing chasis No. ME4JC831CMD04937, bearing engine no. JC83ED0113564 and original R.C. Book and having illegal possession of a Vivo Company mobile Phone model U:20 (VIVO 192IMEI No. 865769047036813, 865769047036805 which were allegedly seized from house of applicant. However, the applicant is innocent and has been falsly implicated in crime in question.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 1.40 quarters of country made liquor, plane glass liquor bottles containing 180 ml each, 10 litres and 5 litres (total 15 litres) of spirit, one colored liquid filled in 750 ml of thumbs up bottle, 400 pieces of empty glass bottles, 100 pieces of bottle cap, 2 plastic bucket and a Honda Shine Motorcycle bearing registration No.CG/10/BE/0609, bearing chasis No. ME4JC831CMD04937, bearing engine no. JC83ED0113564 and original R.C. Book and having illegal possession of a Vivo Company mobile Phone model U:20 (VIVO 192IMEI No. 865769047036813, 865769047036805 not seized from the exclusive possession of the applicant. He further submits that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. He also submits that the applicant has no criminal antecedent, the applicant is in jail since 08.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent. He further submits that the 1.40 quarters of country made liquor, plane glass liquor bottles containing 180 ml each, 10 litres and 5 litres (total 15 litres) of spirit, one colored liquid filled in 750 ml of thumbs up bottle, 400 pieces of empty glass bottles, 100 pieces of bottle cap, 2 plastic bucket and a Honda Shine Motorcycle bearing registration No.CG/10/BE/0609, bearing chasis No. ME4JC831CMD04937, bearing engine no. JC83ED0113564 and original R.C. Book and having illegal possession of a Vivo Company mobile Phone model U:20 (VIVO 192IMEI No. 865769047036813, 865769047036805 was recovered from the possession of the applicant, therefore, he is not entitled for grant of bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no criminal antecedent and he is in jail since 08.10.2024 and the charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the applicant - Jitendra Mersa, involved in Crime No. 418/2024 registered at Police Station Bhatapara (Gramin), Dist Balodabazar- Bhatapara (C.G.), for the offence punishable under Section 34(2) of the C.G. Exc